COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Elaine Marshall, Individually, as Independent Executrix of the 

Estate of E. Pierce Marshall, as trustee of the Marshall 

Grandchildren’s Trust for the benefit of E. Pierce Marshall, Jr., 

as trustee of the Marshall Grandchildren’s Trust for the Benefit 

of Preston Marshall, as trustee of the Bettye B. Marshall Living 

Trust, as trustee of the J. Howard Marshall, II, Marital Trust 

Number Two, as trustee of the J. Howard Marshall, II, Living 

Trust, as trustee of the E. Pierce Marshall Family Trust created 

under the Bettye B. Marshall Living Trust Indenture dated 

October 30, 1990, as trustee of the Marshall Petroleum, Inc., 

Stock Holding Trust, as trustee of the Marshall Heritage 

Foundation, and as trustee of the Marshall Legacy Foundation; E. 

Pierce Marshall, Jr., Individually, as trustee of the Marshall 

Petroleum, Inc., Stock Holding Trust, as trustee of the Marshall 

Heritage Foundation, and as trustee of the Marshall Legacy 

Foundation; Preston Marshall, Individually, as trustee of the 

Marshall Petroleum, Inc., Stock Holding Trust, as trustee of the 

Marshall Heritage Foundation, and as trustee of the Marshall 

Legacy Foundation; Robert McIntyre, as temporary administrator 

of the Estate of J. Howard Marshall, II; Marshall Petroleum, Inc. 

n/k/a Trof, Inc.; Trof, Inc., f/k/a Marshall Petroleum, Inc.; Finley 

Hilliard, individually, as trustee of the Grantor Retained Annuity 

Trust, as trustee of the J. Howard Marshall Charitable Lead 

Trust, as trustee of the J. Howard Marshall, II, Liquidating Trust 

Number Two, and as trustee of the J. Howard Marshall, II, 

Family Trust; Ken Farrar, as trustee of the J. Howard Marshall, 

II, Liquidating Trust Number One, and as trustee of the J. 

Howard Marshall, II, Family Trust; and Dr. Stephen Cook, as 

trustee of the J. Howard Marshall, II, Living Trust v. J. Howard 

Marshall, III; Howard Stern, as Executor of the Estate of Vickie 

Lynn Marshall; Harvey Sorensen; and Foulston & Siefkin, L.L.P.
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J. Howard Marshall, III v. Elaine Marshall, Individually, as 

Independent Executrix of the Estate of E. Pierce Marshall, as 

trustee of the Marshall Grandchildren’s Trust for the benefit of E. 

Pierce Marshall, Jr., as trustee of the Marshall Grandchildren’s

Trust for the Benefit of Preston Marshall, as trustee of the Bettye 

B. Marshall Living Trust, as trustee of the J. Howard Marshall, 

II, Marital Trust Number Two, as trustee of the J. Howard 

Marshall, II, Living Trust, as trustee of the E. Pierce Marshall 

Family Trust created under the Bettye B. Marshall Living Trust 

Indenture dated October 30, 1990, as trustee of the Marshall 

Petroleum, Inc., Stock Holding Trust, as trustee of the Marshall 

Heritage Foundation, and as trustee of the Marshall Legacy 

Foundation; E. Pierce Marshall, Jr., Individually, as trustee of the 

Marshall Petroleum, Inc., Stock Holding Trust, as trustee of the 

Marshall Heritage Foundation, and as trustee of the Marshall 

Legacy Foundation; Preston Marshall, Individually, as trustee of 

the Marshall Petroleum, Inc., Stock Holding Trust, as trustee of 

the Marshall Heritage Foundation, and as trustee of the Marshall 

Legacy Foundation; Robert McIntyre, as temporary administrator 

of the Estate of J. Howard Marshall, II; Marshall Petroleum, Inc. 

n/k/a Trof, Inc.; Trof, Inc., f/k/a Marshall Petroleum, Inc.; Finley 

Hilliard, individually, as trustee of the Grantor Retained Annuity 

Trust, as trustee of the J. Howard Marshall Charitable Lead 

Trust, as trustee of the J. Howard Marshall, II, Liquidating Trust 

Number Two, and as trustee of the J. Howard Marshall, II, 

Family Trust; Ken Farrar, as trustee of the J. Howard Marshall, 

II, Liquidating Trust Number One, and as trustee of the J. 

Howard Marshall, II, Family Trust; Harvey Sorensen; Foulston 

& Siefkin, L.L.P.; Dr. Stephen Cook, as trustee of the J. Howard 

Marshall, II, Living Trust; Charles Koch; Don Cordes; and Koch 

Industries, Inc.

****

Howard Stern, as Executor of the Estate of Vickie Lynn Marshall 

v. Elaine Marshall, Individually, as Independent Executrix of the 

Estate of E. Pierce Marshall, as trustee of the Marshall 

Grandchildren’s Trust for the benefit of E. Pierce Marshall, Jr., 

as trustee of the Marshall Grandchildren’s Trust for the Benefit 

of Preston Marshall, as trustee of the Bettye B. Marshall Living 

Trust, as trustee of the J. Howard Marshall, II, Marital Trust 
Number Two, as trustee of the J. Howard Marshall, II, Living 

Trust, as trustee of the E. Pierce Marshall Family Trust created 

under the Bettye B. Marshall Living Trust Indenture dated 

October 30, 1990, as trustee of the Marshall Petroleum, Inc., 

Stock Holding Trust, as trustee of the Marshall Heritage 

Foundation, and as trustee of the Marshall Legacy Foundation; E. 

Pierce Marshall, Jr., Individually, as trustee of the Marshall 

Petroleum, Inc., Stock Holding Trust, as trustee of the Marshall 

Heritage Foundation, and as trustee of the Marshall Legacy 

Foundation; Preston Marshall, Individually, as trustee of the 

Marshall Petroleum, Inc., Stock Holding Trust, as trustee of the 

Marshall Heritage Foundation, and as trustee of the Marshall 

Legacy Foundation; Robert McIntyre, as temporary administrator 

of the Estate of J. Howard Marshall, II; Marshall Petroleum, Inc. 

n/k/a Trof, Inc.; Trof, Inc., f/k/a Marshall Petroleum, Inc.; Finley 

Hilliard, individually, as trustee of the Grantor Retained Annuity 

Trust, as trustee of the J. Howard Marshall Charitable Lead 

Trust, as trustee of the J. Howard Marshall, II, Liquidating Trust 

Number Two, and as trustee of the J. Howard Marshall, II, 

Family Trust; Ken Farrar, as trustee of the J. Howard Marshall, 

II, Liquidating Trust Number One, and as trustee of the J. 

Howard Marshall, II, Family Trust; Harvey Sorensen; Foulston 

& Siefkin, L.L.P.; Dr. Stephen Cook, as trustee of the J. Howard 

Marshall, II, Living Trust

Appellate case number: 01-02-00114-CV

Trial court case number: 276,815-402

Trial court: Probate Court No. 2 of Harris County

Howard Stern, as Executor of the Estate of Vickie Lynn Marshall, has filed a 

“Suggestion of Death of Vickie Lynn Marshall and Statement Regarding Counsel and the 

Reporter’s Record.” In the document, Stern “asks to be named as an Appellant in this 

action in place of Vickie Lynn Marshall and that this appeal proceed in the name of the 

Estate.” We grant the motion and order that Howard Stern, as Executor of the Estate of 

Vickie Lynn Marshall, be substituted for Vickie Lynn Marshall in this appeal.

It is so ORDERED.

Judge’s signature: /s/ Chief Justice Sherry Radack

  Acting individually  Acting for the Court

Date: April 15, 2014